Simens v. Sedrish

In an action to set aside a conveyance of real property as being a fraud upon creditors, defendant Sedrish appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated June 19, 1980, which denied his motion to vacate service of the summons and complaint made pursuant to CPLR 308 (subd 5). Order reversed, on the law, with $50 costs and disbursements, motion granted, and service of the summons and complaint upon defendant Sedrish is vacated. Expedient service pursuant to CPLR 308 (subd 5) may be effected “in such manner as the court, upon motion without notice, directs, if…